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Mesothelioma and Military Service: Legal Options for Those Exposed to Asbestos

Mesothelioma, a rare and aggressive form of cancer that most commonly affects the lining of the lungs, is closely associated with asbestos exposure. A particularly high-risk group for this devastating illness comprises military veterans. This is because asbestos was used extensively in military applications until the late 1970s. While veterans nobly served their country, they were unknowingly exposed to a carcinogen that could result in a life-threatening disease decades later. This article focuses on the legal avenues available to those military personnel and veterans who have been diagnosed with mesothelioma as a result of asbestos exposure during their service.

Asbestos in the Military: A Historical Overview

Before the dangers of asbestos became widely recognized, the material was extensively used in various military applications for its excellent insulation and fire-resistant properties. The U.S. Navy, in particular, used asbestos in shipbuilding, especially within the boiler rooms, engine parts, and even sleeping quarters. In the Army and Air Force, asbestos was used in vehicle brakes, building materials, and aircraft components ("Asbestos and the Military," Journal of Environmental Medicine).

The Risk of Mesothelioma for Veterans

Veterans who worked in high-risk areas such as shipyards, construction battalions, or aircraft maintenance are more likely to develop mesothelioma later in life. Since mesothelioma symptoms often don't appear until 20 to 50 years after asbestos exposure, many veterans find themselves diagnosed with this severe condition long after their service has ended ("Mesothelioma Incidence in Veterans," Cancer Epidemiology, Biomarkers & Prevention).

Filing a Claim with the VA

One of the primary avenues for veterans is filing a disability compensation claim with the U.S. Department of Veterans Affairs (VA). If the VA confirms that the mesothelioma is service-connected, the afflicted veteran may be eligible for monthly disability payments, healthcare benefits, and even survivor benefits for family members ("VA Compensation for Asbestos-Related Diseases," U.S. Department of Veterans Affairs).

Asbestos Trust Funds

Apart from VA claims, veterans can seek compensation from asbestos trust funds. These funds were established by companies responsible for asbestos production and distribution, primarily to settle present and future asbestos-related claims. Trust funds usually have a fixed set of eligibility criteria and compensation amounts ("Legal Options for Mesothelioma Patients," Journal of Patient Care).

Personal Injury and Wrongful Death Lawsuits

Veterans can also file personal injury or wrongful death lawsuits against the manufacturers of asbestos-containing products. These lawsuits can result in substantial settlements or verdicts, particularly when a veteran can directly tie a specific product to their asbestos exposure ("Mesothelioma Legal Claims," American Journal of Law & Medicine).

Mesothelioma and Military Service Legal Options for Those Exposed to Asbestos

One of the major challenges in pursuing legal action is the statute of limitations, which can vary by jurisdiction. Given the long latency period of mesothelioma, this issue becomes particularly acute. Hence, it is crucial to seek legal advice promptly after a diagnosis. Another challenge is the difficulty in identifying the specific source of asbestos exposure, especially after so many years ("Legal and Ethical Challenges in Mesothelioma Cases," Journal of Medical Ethics).

Conclusion

While no amount of compensation can make up for the health consequences of asbestos exposure and a mesothelioma diagnosis, understanding the available legal avenues can offer some financial relief and justice for affected veterans. The first step towards seeking this justice is awareness. Veterans should be fully informed about the risks they were exposed to and the legal options they have for compensation.

Bibliography

1. "Asbestos and the Military," Journal of Environmental Medicine. (https://journals.lww.com/joem/pages/default.aspx)

2. "Mesothelioma Incidence in Veterans," Cancer Epidemiology, Biomarkers & Prevention. (https://cebp.aacrjournals.org/)

3. "VA Compensation for Asbestos-Related Diseases," U.S. Department of Veterans Affairs. (https://www.va.gov/disability/eligibility/hazardous-materials-exposure/asbestos/)

4. "Legal Options for Mesothelioma Patients," Journal of Patient Care.

5. "Mesothelioma Legal Claims," American Journal of Law & Medicine. (https://journals.sagepub.com/home/ajl)

6. "Legal and Ethical Challenges in Mesothelioma Cases," Journal of Medical Ethics. (https://jme.bmj.com/)